McQuay v. Delaware Alcoholic Beverage Control Commission

This is an appeal from a Superior Court order directing a remand to the Alcoholic Beverage Control Commission. By reservation of jurisdiction in our orders of October 17, 1973 and December 4, 1974, it is also an appeal from the supplemental decision of the Commission rendered after remand.

This long-standing controversy is in a procedural posture which calls for a brief explanation. In a decision dated August 31, 1971, the Commission denied Mr. Mc-Quay’s application for an off-premises liquor license on the basis that it was “not demanded by public interest, convenience [, or necessity].” 4…